Postdating a cheque
THEN IS THAT MEANS SUPPOUSE A RAID IS CONDUCTED AND THOSE VOUCHERS ARE FOUND OUT, WHETHER THOSE SHALL BE CONSIDERED INVALID...... THANX.dud,as there is no rule that the cash transaction above 5000/- will be disallowed or will not be trreated as expenditure.a statutory requirement as per Stamp Act..the voucher will not be treated as invalid voucher.Section 2(2 3) of the Indian Stamp Act 1899 makes it mandatory for affixing of stamp on any receipt as defined therein above Rs 5000 .[Previously it was Rs 500] 2(23) "Receipt" includes any note, memorandum or writing- (a) whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or (b) whereby any other movable property is acknowledged to have been received in satisfaction of a debt, or (c) whereby any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or (d) which signifies or imports any such acknowledgment; and whether the same is or is not signed with the name of any person " Therefore, affixing stamp does not depend on month or year , but every time a receipt is given.If only one receipt at the end of year is given , one stamp is required. suppourting what is said above, i want to clarify that i m not asking whether it will be allowed or disallowed.while conducting audit of a construction company, i found all most many vouchers on which revenue stamps were not attached at all.The law says for teh same for every payment exceeding Rs.5000.what my queston is whether the transaction is valid or not........
Pls tell whether it is the normal case with every normal organisation and whether it attaracts any penalty.
I READ THAT IF REVENUE STAMP NOT ATTACHED, THEN THE VOUCHER SHALL BE DEEEMED INVALID .
But Stamp Act says if a Company incurred expenditure above Rs.
5000/- comapny should contribute indirectly to the Govt. Thanks & Regards Gaurav Jaindisallow the expenses merely because Revenue Stamp is not affixed on the vouchers, as there is no express provision to that effect.
In other words, allowance of expense depends upon other factors such as its genuiness, purpose for which it is incurred, etc (we all know those criterias) Therefore, affixing stamp does not depend on month or year , but every time a receipt is given.If every month receipt above Rs 5000 is given, stamp has to be affixed there.